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It depends on the situation. I had this exact same situation occur to me, but I was the defendant and I wanted to fight the charge. I opted to go to trial, and from that point I had 30 days to receive my quick and speedy trial (CA). When I was 10 days away from my trial date, I had to go into court, and the (so called) victim was supposed to be there as well, but she wasn't. Long story short, during the last 10 days leading up to my trial date, I had to return to court nearly every day to see if the District Atty found and got her to to come in, and if not, to see if he wanted to dismiss or keep "trailing" until the day prior to trial. On the day prior to the trial date, the District Atty announced to the judge that he was unable to proceed because he couldn't locate the victim. In my case, I had evidence that would have helped me, and without his star witness, the D.A. had no chance of winning.
I'm not a legal guru, but I'd say if there is enough evidence (medical records, other witnesses, etc...), the District Atty will go after you, even if he doesn't have the victim.
What else can I help you with?
How the defendant pay to the victim?
Restitution is paid generally through the Defendant's probation officer if he has one or the Clerk's Office of the sentencing court. If the Defendant does pay the victim directly he should get a receipt or note stating how much was paid and how much is the balance due.
Can a Domestic Violence defendant obtain or see victims spouse medical records?
Typically, a domestic violence defendant would not have legal access to the medical records of the victim's spouse unless there is a specific court order granting access. Medical records are protected by privacy laws, and access is usually limited to the individual or entities directly involved in the care of the patient.
What happens if defendant doesnt show for court?
In all probablity the judge will issue a warrant for his/her arrest.
What does the prosecution means?
The prosecution in the court room means they are representing the victim in a criminal case. The prosecution has the responsibility to prove that the defendant is guilty.
How can you dismiss a domestic violence charge in miamifl by the state?
To dismiss this charges. You have to contact the victim, lawyers and the court.
Can a victim appeal a court's sentence of a defendant?
No. Only the sentenced defendant can appeal their own sentence. However if you really feel strongly about it, you can approach the defense attorney and tell them you will gladly testify on their clients behalf.
How long to you go to jail for domestic violence in Washington?
In all cases where there is a conviction on a domestic violence charge, the court is required by law to order the defendant to enroll in a State Certified Domestic Violence Perpetrators Program.
What happens if the victim does not show up to a domestic violence case in New York?
The court will record the fact the victim did not turn up for a domestic violence case and it will be up to the victim's lawyer to decide what is next. Sometimes the victim of abuse feels threatened by her abuser or has been threatened to drop the case against the abuser.
What is the visual impact of autopsy pictures in a court of law?
The visual impact of autopsy pictures in a court of law will aid jurors and the court itself on the nature of the cause of death to the victim. It is also considered evidence against or for the defendant.
What happens if the main victim don't show up for court but the co defendant testifies against you?
If the main victim does not show up for court, it can weaken the prosecution's case, potentially leading to the case being dismissed or charges being reduced. However, if a co-defendant testifies against you, their testimony can still be used as evidence, which may impact the proceedings significantly. The court may consider the co-defendant's statements, along with any other evidence, to determine your guilt or innocence. Ultimately, the outcome will depend on the specifics of the case and the strength of the remaining evidence.
Do i need a lawyer for domestic violence even if the victim don't show up to court?
Yes, it is advisable to have a lawyer for domestic violence cases, even if the victim does not show up to court. A lawyer can help protect your rights, navigate the legal complexities, and advocate on your behalf. Additionally, they can assist in addressing any potential outcomes or consequences resulting from the victim's absence, ensuring that your interests are represented effectively.
Does a defendant have to testify in court?
No, a defendant does not have to testify in court. It is their constitutional right to remain silent and not incriminate themselves.
